A.Tamil Selvi v. S.Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Contempt Petition No.2930 of 2014 A.Tamil Selvi, W/o.A.Manoharan ... Petitioner

Versus

1.S.Babu, Tamil Nadu Co-operative Society, represented by its Joint Registrar, Tiruppur Region, Tiruppur.

2.A.P.Periasamy, K.2092, Chetti Palayam Primary Agricultural Co-operative Credit Society, represented by its President, Angeripalayam Post, Tiruppur District - 641 603.

3.P.Thangamani W/o.N.Mallikarjunan Clerk, K.2092, Chetti Palayam Primary Agricultural Co-operative Credit Society, Angeripalayam Post, Tiruppur District - 641 603.

... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for willful disobedience of the order of this Court passed in M.P.No.2 of 2014 in W.P.No.18656 of 2014 dated 17.07.2014.

For Petitioner :

Mr.G.Ethirajulu For Respondents:

Mr.Silambanan, Senior Counsel [R1 & R2] Mr.K.Sathish [R3] *****

O R D E R

The present Contempt Petition has been filed alleging non-compliance of the order passed in M.P.No.2 of 2014 in W.P.No.18656 of 2014 dated 17.07.2014.

2. Heard the submissions of learned counsel for the petitioner, who would submit that despite the order of restraint dated 17.07.2014 made in M.P.No.2 of 2014 in W.P.No.18656 of 2014, the third respondent has been promoted to the post of Senior Assistant and alleging willful disobedience and violation of the order, came forward to file this Contempt Petition.

3. Counter affidavits have been filed and according to the second respondent, the third respondent has been promoted as Senior Clerk on 07.02.2014, i.e., nearly six months prior to the interim order, which is the subject matter of contempt and as such, the respondents cannot be held guilty of contempt.

4. In the light of the stand taken by the second respondent in the counter affidavit dated 30.11.2014, nothing remains for further adjudication in the Contempt Petition. Accordingly, the Contempt Petition is closed. However, the parties are at liberty to put forth their contentions in the pending Writ Petition.

SD/- ASSISTANT REGISTRAR(COMM.CASES) gm //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/02/11/2018 To

1. Tamil Nadu Co-operative Society, represented by its Joint Registrar, Tiruppur Region, Tiruppur.

2. Chetti Palayam Primary Agricultural Co-operative Credit Society, represented by its President, Angeripalayam Post, Tiruppur District - 641 603.